How to Make a Will in California

If you’re over 18 and have the mental capacity to make your own decisions, you can write a will in California. But how do you create a legally valid will – and why is having a will so important? Our probate attorneys answer these questions below.

What Is a Will?

A will is a formal legal document specifying who should have your assets when you pass away. And if you have children or pets, you can also specify who should take care of them.

In other words, think of a will as a legally enforceable statement of your wishes.

Benefits of Making a Will in California

There are three major benefits to having a will.

• A will can help your loved ones avoid, or at least expedite, the probate process.
• Your will gives family members clarity and certainty around what should happen to your assets. It is one less thing for them to worry about while they’re mourning your loss.
• A will gives you peace of mind, knowing that your wishes are clear. You can focus on enjoying time with loved ones.

Can I Write My Own Will?

You can, but it is not advisable.

Probate law is complicated. Without legal advice, your will may not be valid, or it may be unclear. There’s a chance that it will not have the intended effect, and it could leave your family with more questions than answers!

How to Make a Simple Will in California

To create a will, you need:

• Property to specify in the will
• At least one beneficiary
• An executor
• The intent to create a will

Let’s break these steps down.

Decide Which Property to Include in the Will

First, choose the assets to include in your will. This property can be anything tangible, from real estate to investments.

If you have a large estate, your will may be more complex. Alongside a “simple” will, you may benefit from other estate planning tools such as trusts. Our team can explain your options so you can decide what is best for you.

Choose Beneficiaries

Next, decide who should benefit from your will. These are the individuals who will inherit certain assets. You can name as many beneficiaries as you wish. And they can also be organizations, such as charities, rather than individuals.

Appoint an Executor

The executor is responsible for giving effect to the will. They will distribute assets to beneficiaries and “wind up” what’s left of your affairs.

Executors are usually family members or professionals. However, they can be anyone you trust.

Hire an Attorney

Hiring a lawyer confirms your intent to create a last will and testament. It also ensures that your will is enforceable, valid, and clear.

Last Will and Testaments vs. Living Wills

Wills and “living” wills are often confused but they are different legal documents.

• A will sets out who you wish to inherit your property when you pass away.
• A living will sets out your wishes for medical treatment if you are seriously injured or incapacitated. It allows you to specify if you want life-saving treatment.

Living wills are also known as advanced health care directives. You may wish to create a living will as part of your larger estate plan.

How to Make a Living Will in California

To make a living will in California, you must:

• Appoint a medical power of attorney
• Specify your preferences for serious injury and end-of-life care
• Complete any necessary HIPAA authorizations
• Have the living will properly signed

A living will is sometimes referred to as an advance healthcare directive.

Our lawyers help you create a living will to reflect your wishes.

Experienced Estate Planning Attorneys in Los Angeles, CA

When writing a will in California, you deserve peace of mind. And that’s where the Law Offices of Alice A. Salvo can help. Our experienced estate planning lawyers will guide you through the whole process of writing a valid will.

Whether you need a new will, or you’re updating an existing will, contact us by phone or online.